The Future of Deportation Defense: What To Expect From the Biden Administration

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The Trump administration brought in a sweeping reform to most of the United States’ immigration policy. Many of those changes occurred so fast that it was hard to keep up with what was actually going on. It was tough to know if public statements were legitimate or feigned to spur political unrest. 

As Trump heads out and Biden moves in, things are shaping up to change significantly. Fortunately for many who might need deportation defense, those changes could be swift.

Let’s take a look at some of the changes that you can expect as Biden ushers in. 

Deportation Defense: How Laws Will Change in Biden Administration

There are some policies that Trump implemented that won’t go away at first. The “Remain in Mexico” policy, which requires that asylum seekers stay in Mexico until their cases are seen in court, is likely to remain for a while. That said, there are a number of things that can change with Biden’s presidential signature. 

Let’s take a look at a few of the things that Biden has pledged to change within the first 100 days of his presidency. 

Biden has promised to reinstate Deferred Action for Childhood Arrivals as soon as possible. The DACA program protects individuals who were children when they arrived.

There are around 650,000 people who fall into this category, and the removal of DACA would put them in severe jeopardy of deportation. Individuals who are eligible for DACA, but became eligible since Trump removed it, will be able to apply for reinstatement. 

Joe Biden also pledged to make federal student aid available to Dreamers, or people who qualify for protection under DACA. 

The “Muslim Ban”

Donald Trump’s executive order 13769 will be removed under Biden. 

The executive order was coined “the Muslim ban” because it intended to ban travel between 13 countries that are primarily Muslim and the United States. Aspects of the order were blocked, but there were some lasting consequences. 

It suspended the U.S. Refugee Admissions Program, blocked Syrian refugees, and temporarily limited the number of refugees allowed in the United States. 

The features of this order that haven’t been shut down yet will be effectively removed by Joe Biden in the first 100 days. At least, that is what his pledge suggests. 

Identifying Parents of Separated Children

Trump’s Zero Tolerance Policy was the driving force behind the inhumane treatment of thousands of individuals and the separation of hundreds of children from their families. 

In fact, there are 545 children whose parents haven’t been identified as a result of these procedures. That number could be significantly higher as well. Biden has promised to create a task force to find and reunite those parents with their children. 

Stopping the Border Wall

Biden has also pledged to stop the production of the border wall and lift the “national emergency” declaration that Trump established in order to speed up the wall’s production. 

There are about 400 miles of wall that exist as of now, but that number could be a little higher by the time administrations change. Biden has not said whether he will knock down the existing wall, however. 

Potential Challenges

While there are some large changes that will take place and make things safer for numerous people living in the United States or trying to make an adjustment of status, there are still some policies that Biden has to work to change. 

One of those is the Trump administration’s metering policy. This policy restricts the number of people that can apply for asylum every day. That creates a bottleneck effect and makes it difficult for individuals to make a claim for asylum, regardless of their situation. 

COVID-19 also brought on the new expulsion rule. This makes it possible for border agents to refuse or remove individuals who didn’t have authorization to their last country of transit. The explosions don’t require usual processing or time in court.

The rule makes it much easier for border patrol agents to refuse individuals indiscriminately. Many people seeking asylum have to travel unauthorized into Mexico to make their way to The United States, and the rule has led to the refusal of around 200,000 people. 

That order might take some additional time to reverse. 

Remain in Mexico Program

The Remain in Mexico program, when lifted will likely lead to a surge of immigration. The same goes for numerous changes that Biden plans to make. 

These shifts in immigration will make it much easier for a lot of people to legally find a residence in The United States. It will also appear to be a kinder and better place to live. 

The administration is anticipating a surge in people trying to find residence and asylum in the country, and they’ll have to develop a plan to address that surge and the humanitarian issues that will come from it before moving forward. 

What to Do If You’re Concerned

Sweeping immigration changes often put people in difficult situations. There are thousands of individuals who are experiencing anxiety as a result of the shifting political climate and the consequent changes to immigration policy. If you’re worried about these changes and how they’ll affect your adjustment of status, it’s a good idea to consult with someone who can help you with removal defense. 

The best way to be sure that you’re covered and safe is to consult with an immigration lawyer. This way, you’ll know how your situation relates to the broader changes in the country. You’ll also get a plan of action to move forward with. 

You and your loved ones deserve to know how your livelihood will be affected by political change, and we’re here to help. 

Want to Schedule a Consultation?

A consultation with an immigration lawyer can help you understand deportation defense and what you should do to plan for yourself. There are options, and we’re here to help you explore them. 

Contact us to set up a consultation and see what you can do to get a little comfort as the administration changes.

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Victoria Winterberg

Ms. Winterberg’s law school experience began after joining the Law School Preparation Institute while being a student at the University of Texas at El Paso. She then attended law school at Washburn Univesity School of Law before formally beginning her career. 

Leveraging a unique cultural background and approach to law, Ms. Winterberg uses her expertise in immigration law to bring people together. She has extensive work in all areas of immigration law and has helped countless people win cases and thrive. Immigration-related cases often involve the most vulnerable in the community, and our firm is driven by our ability to protect our clients and their families with each and every case.